[dccss]

My employer requested a doctors note to say that I was contagious did he violate the hippa law

[ballengerb1]

Its HIPAA not hippa. Who he, the doctor or your employer? Your employer can ask for proof you were too ill to work. The doctor can write such a note but only at your request. The employer can not ask the doctor directly. If the doctor wrote that note without your permission/request then that would be a HIPAA violation

[dccss]

I was OK with the note. I was there. My employer wanted more information. They wanted to know what was wrong with me questioning his orders. The doctor said they have no right to ask for that. It was a vioation. So is it?

[ScottGem]

It is NOT a violation for your employer to ASK for information. It WOULD be a violation for your physician to provide that information without your permission.

[Fr_Chuck]

Your company may according to its own rules require various levels of documentation. Obviously they may not believe you or your doctor and/or want additional info. No this is actually common and no violation.

[ballengerb1]

Unless your employeer is a health care provider only your doctor have violate HIPAA. "The doctor said they have no right to ask for that, it is a violation." Your doctor should know the law better. They can ask just about anything they want to know. HIPAA laws were designed to prevent doctors from answering inappropriate questions. Onlt the doc can violate HIPAA

[ScottGem]

"The doctor said they have no right to ask for that, it is a violation."

The doctor might have meant that it would be a violation for him to answer. But its not a violation to ask.

[wauya]

Your employer has all the rights to ask you about your medical conditions if these conditions relate to public health or fitness of duty issue and you have to submit those informations to satisfy him.For sample if you are a bus driver and had a episode of seizure and back to work or you are a cook and recover from GI infections need to prove you are not a carrier of illness.your doctor only permit to submit those informations through you except some rare case such as if you are a pilot and you are mentally ill and is suicidal and try to back to work.Then the doctor can directly to tell your employer without let you know.

[ScottGem]

.your doctor only permit to submit those informations through you except some rare case such as if you are a pilot and you are mentally ill and is suicidal and try to back to work.Then the doctor can directly to tell your employer without let you know.

You continue to post inaccurate info and never back up your advice with real facts. You have been told on several occasions that answers in the Law forums need to conform to statutory law.

The law here is HIPAA, there are no provisions that I know of that allow an employer to ask for and receive information from a medical provider without the employee's knowledge and permission.

However, certain jobs may require that employees give permission as a condition of employment. But a medical provider would be in violation of HIPAA if they provide info to a third party without permission of the patient.

[ballengerb1]

Scott is correct. If you do not agree with our points then please support your statements. Health Information Privacy

[wauya]

Scott,I know you will attack this point.This is a big issue;public safety vs privacy.First I don't know this case happen in American or not.If in other countries,public safety is much important then privacy and reflect in law but even in American since 911 the law change to favor public safety.Do you know that the HIPAA has a lot of exception sections;Do you know doctors has to report any communicate disease to stat health dept which including patient name,address,telephone age,sex nature of disease and treatment and prognosis all these without consent of patient.Also do you know public employer have the right ask employee to submit drugs tests if ask even they don't agree.Also as important jobs such as commercial pilots need to submit drug tests mental status report(directly from the doctors).Dna test for criminal charges.All these are not violate of HIPAA.

[kcomissiong]

Do you know doctors has to report any communicate disease to stat health dept which including patient name,address,telephone age,sex nature of disease and treatment and prognosis all these without consent of patient.Also do you know public employer have the right ask employee to submit drugs tests if ask even they don't agree.Also as important jobs such as commercial pilots need to submit drug tests mental status report(directly from the doctors).Dna test for criminal charges.All these are not violate of HIPAA.

Again, your information is incorrect. One you're your key points that that an employer can ASK an employee to submit a drug test. That is all they can do. They cannot force an employee to submit and employee has the right to refuse testing and accept the consequences that come with it, up to and including termination. Any "mental status reports" and drug tests and submitted to an employer with CONSENT from a patient. Even a criminal does not have to submit to genetic testing. They can refuse, and face the consequences, which will include jail time if they are defying a court order. The point of all of this is that the EMPLOYEE who is being tested must consent at some point.

Communicable disease reporting is not subject to HIPAA. Neither is your employer unless they are a healthcare provider. HIPAA is designed to prevent the release of information by medical providers and insurance companies, not to stop an employer from asking for a sick note.

The following agencies or entities are not subject to HIPAA:
* Any disclosure required by federal, state, or local regulation, regardless of the scope of the disclosure or the purpose of the disclosure.
* Public health authorities.
* A person subject to the jurisdiction of the federal Food and Drug Administration.
* A person who may have been exposed to a communicable disease.
* An employer to (1) conduct workplace medical surveillance or (2) to evaluate whether you have a work-related illness or injury.
* Victims of abuse, neglect or domestic violence.
* A health oversight agency for audits and investigations.
* Court or administrative proceedings in response to a court order, subpoena, or discovery request.
* A collection agency for unpaid medical bills.
* Coroners and medical examiners.
* Funeral directors.
* Organ procurement organizations.
* A medical researcher with institutional review board approval.
* A threat to public safety or public health.
* U.S. and foreign military commanders.
* U.S. Department of Veterans Affairs to determine eligibility for benefits.
* Federal government national security and intelligence officials.
* U.S. Department of State to verify health fitness of employees and their families for foreign duty.
* Correctional institutions involved in health care of inmates.
* Workers compensation uses authorized by state law.

[wauya]

Kco,I don't understand such simple fact you don't know;As a pilot when they accept their employment they must signed an agreement with the employer which must contain consents of periodic mental and physical evaluation which should including consent of his doctors sent in or employer received those information.If they report to work that mean the agreement enact and no need to sign case by case or day by day.Very simple as a public employee when you report to work you have to follow the rules.

[kcomissiong]

I don't understand how you don't get that signing an agreement for testing and periodic evaluations means CONSENTING, so HIPAA is not violated. Nobody said that they had to consent on a day by day basis, only that they had to consent. A consent like that is good until revoked, in writing by the employee.

[ScottGem]

See this is my problem with you. You seem to think you understand the law, but you clearly do not. And that lack of understanding leads you to give misleading and inaccurate information. And the standards for answering questions require a higher accuracy then you have provided.

For example; In the original question here, the OP specifically referred to HIPAA. Yet you say you don't know whether this happened in America. HIPAA is an American law. Second, you talk about Public Safety and yes the original question did refer to contagious disease. But the issue was ADDITIONAL info asked by the employer.

And yes I know there are exceptions to HIPAA, but none that seem to apply to this question. And I also know that communicable diseases are required to be reported to the Health Dept, but what does that have to do with the question the OP asked? Nothing! Finally, if you read my response to your first post I specifically referred to an employer making it a condition of employment to consent to providing medical info.

This is my other problem with you. You have posted inaccurate and misleading info and when your posts have been corrected you argue the point showing you understand the problem and the question even less. You were wrong here as you have been wrong before. Admit your error and try to learn from it so you don't make the same errors again. Don't start arguing with points that have nothing to do with the erroneous info.

I don't have anything against you personally, but I do have a concern about the quality of advice being given on this site. And on several occasions the quality of your responses have been sub standard.

[wauya]

Scott,please read Kco post about item not subject to HIPAA law.I don't think you really understand all.Employer,employee,communicate disease HIPPAA law are not as simple as you think.For my answers;correct.incorrect,mislead or helpful not helpful,I don't want to argue with you.Let peoples who read this post make their judgements.Thanks also thanks for Kco for his detail informations.

[ScottGem]

Scott,please read Kco post about item not subject to HIPAA law.I don't think you really understand all.Employer,employee,communicate disease HIPPAA law are not as simple as you think.For my answers;correct.incorrect,mislead or helpful not helpful,I don't want to argue with you.Let peoples who read this post make their judgements.Thanks also thanks for Kco for his detail informations.

I don't have to read it, I know about it, but how do you think that supports your INCORRECT information? I apparently understand this stuff a LOT better than you do.

Why not give the correct advice in the first place and not have other people expend time correcting your mistakes. Again, we have a standard for quality answers here. Its nice that you want to help people but if you give bad advice how is that helping?

[kcomissiong]

I hate to be so blunt, but you have no idea what you are talking about on this issue. Please back up your information with facts and stick to the subject. The bottom line here is that the OP asked if her employer violated her HIPAA rights here and the answer is NO. The employer, unless a medical provider, servicer, or insurance company is not subject to HIPAA. Her doctory would have violated if he released the requested information to her employer without her consent. I have no idea where you are getting these wild scenarios that have nothing to do with HIPAA or the OP's question, but if you care to continue to debate it, please do so in the member forums instead of in this thread.

[wauya]

Scott,you said that you know very well about not subject to Hipaa.Please, to you understand about;The thread of public health and public safety mean.Why you just want to dictate the answer post and afraid any new ideas and before careful read other people answer and right the way to label it incorrect mislead.As I know law is create by peoples who written down word by words,sentence by sentence in book and when apply it need peoples know what it mean and can not avoid come up not the same conclusions .That is the reasons need court.Without new ideas and debate never can come up the facts.I just a junior member just want to offer what I know,even the post offer me set up the paypal account I did not do it.

[kcomissiong]

Wauya, what in the world are you talking about?! You want to offer what you know, and your willingness to contribute is appreciated, but you have demonstrated that your area of knowledge doesn't extend to an understanding of the reach of HIPAA. The answers in the legal forums are held to a higher standard. There is no room for suggestion and new ideas in a question about the law. There are only the facts. There is a right answer and an wrong answer. If you believe your answer is correct, back it up with facts, as other posters have asked.

You are going off on tangents that have nothing to do with the OP's question. As I previously mentioned, if you care to debate your incorrect interpretation of HIPAA, please do so in the member forums. It is inappropriate to continue to do so in this thread.